Amendments to Existing Validated End-User Authorization in the People's Republic of China: Samsung China Semiconductor Co. Ltd., 11863-11865 [2015-05085]
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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations
(c) Bombardier must perform an
analysis to show that the design,
manufacturing processes, and the
airworthiness limitations section of the
instructions for continued airworthiness
include all practical measures to
prevent, and detect and correct, failures
of structural lightning protection
features due to manufacturing
variability, aging, wear, corrosion, and
likely damage.
Issued in Renton, Washington, on February
25, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2015–05047 Filed 3–4–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 150206120–5120–01]
RIN 0694–AG50
Amendments to Existing Validated
End-User Authorization in the People’s
Republic of China: Samsung China
Semiconductor Co. Ltd.
Bureau of Industry and
Security, Commerce.
AGENCY:
ACTION:
Final rule.
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to revise the existing
authorization for Validated End User
Samsung China Semiconductor Co. Ltd.
(Samsung China) in the People’s
Republic of China (PRC). Specifically,
BIS amends Supplement No. 7 to Part
748 of the EAR to add two items to
Samsung China’s eligible items that may
be exported, reexported or transferred
(in country) to the company’s eligible
facilities (also known as ‘‘eligible
destinations’’) in the PRC.
SUMMARY:
DATES:
This rule is effective March 5,
2015.
MiYong Kim, Chair, End-User Review
Committee, Office of the Assistant
Secretary, Export Administration,
Bureau of Industry and Security, U.S.
Department of Commerce, Phone: 202–
482-5991; Fax: 202–482–3911; Email:
ERC@bis.doc.gov.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Background
Authorization Validated End-User
Validated End-Users (VEUs) are
designated entities located in eligible
destinations to which eligible items may
be exported, reexported, or transferred
(in-country) under a general
authorization instead of a license. The
names of the VEUs, as well as the dates
they were so designated, and their
respective eligible destinations and
items are identified in Supplement No.
7 to Part 748 of the EAR. Under the
terms described in that supplement,
VEUs may obtain eligible items without
an export license from BIS, in
conformity with Section 748.15 of the
EAR. Eligible items vary between VEUs
and may include commodities, software,
and technology, except those controlled
for missile technology or crime control
reasons on the Commerce Control List
(CCL) (part 774 of the EAR).
VEUs are reviewed and approved by
the U.S. Government in accordance with
the provisions of Section 748.15 and
Supplement Nos. 8 and 9 to Part 748 of
the EAR. The End-User Review
Committee (ERC), composed of
representatives from the Departments of
State, Defense, Energy, and Commerce,
and other agencies, as appropriate, is
responsible for administering the VEU
program. BIS amended the EAR in a
final rule published on June 19, 2007
(72 FR 33646) to create Authorization
VEU.
Amendment to Existing VEU
Authorization for Samsung China
Semiconductor Co. Ltd (Samsung
China) in the People’s Republic of
China (PRC)
Revision to the List of ‘‘Eligible Items (by
ECCN)’’ for Samsung China
In this final rule, BIS amends
Supplement No. 7 to Part 748 to add
two Export Control Classification
Numbers (ECCNs), 2B006.a and
2B006.b.1.d, to the list of items that may
be exported, reexported or transferred
(in-country) to Samsung China’s facility
in the PRC under Authorization VEU.
The revised list of eligible items for
Samsung China is as follows:
Eligible Items (by ECCN) That May Be
Exported, Reexported or Transferred
(In-Country) to the Eligible Destination
Identified Under Samsung China
Semiconductor Co. Ltd.’s Validated
End-User Authorization
1C350.c.3, 1C350.d.7, 2B006.a,
2B006.b.1.d, 2B230, 2B350.d.2,
2B350.g.3, 2B350.i.3, 3A233, 3B001.a.1,
3B001.b, 3B001.c, 3B001.e, 3B001.f,
3B001.h, 3C002, 3C004, 3D002, and
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11863
3E001 (limited to ‘‘technology’’ for
items classified under 3C002 and 3C004
and ‘‘technology’’ for use consistent
with the International Technology
Roadmap for Semiconductors process
for items classified under ECCNs 3B001
and 3B002).
Export Administration Act
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse. However,
the President, through Executive Order
13222 of August 17, 2001, 3 CFR 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August
7, 2014, 79 FR 46959 (August 11, 2014)
has continued the EAR in effect under
the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.). BIS
continues to carry out the provisions of
the Export Administration Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
13222, as amended by Executive Order
13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. This rule has been
determined to be not significant for
purposes of Executive Order 12866.
2. This rule involves collections
previously approved by the Office of
Management and Budget (OMB) under
Control Number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a
burden hour estimate of 43.8 minutes to
prepare and submit form BIS–748; and
for recordkeeping, reporting and review
requirements in connection with
Authorization VEU, which carries an
estimated burden of 30 minutes per
submission. This rule is expected to
result in a decrease in license
applications submitted to BIS. Total
burden hours associated with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) (PRA) and OMB
Control Number 0694–0088 are not
expected to increase significantly as a
result of this rule. Notwithstanding any
other provisions of law, no person is
required to respond to, nor be subject to
a penalty for failure to comply with a
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11864
Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations
collection of information subject to the
requirements of the PRA, unless that
collection of information displays a
currently valid OMB Control Number.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. Pursuant to the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive
requirements that this rule be subject to
notice and the opportunity for public
comment because they are unnecessary.
In determining whether to grant VEU
designations, a committee of U.S.
Government agencies evaluates
information about and commitments
made by candidate companies, the
nature and terms of which are set forth
in 15 CFR part 748, Supplement No. 8.
The criteria for evaluation by the
committee are set forth in 15 CFR
748.15(a)(2). The information,
commitments, and criteria for this
extensive review were all established
through the notice of proposed
rulemaking and public comment
process (71 FR 38313 (July 6, 2006)
(proposed rule), and 72 FR 33646 (June
19, 2007) (final rule)). Given the
similarities between the authorizations
provided under the VEU program and
export licenses (as discussed further
below), the publication of this
information does not establish new
policy. Publication of this rule in other
than final form is unnecessary because
the authorizations granted in the rule
are consistent with the authorizations
granted to exporters for individual
licenses (and amendments or revisions
thereof), which do not undergo public
review. In addition, as with license
applications, VEU authorization
applications contain confidential
business information, which is
necessary for the extensive review
conducted by the U.S. Government in
assessing such applications. This
information is extensively reviewed
according to the criteria for VEU
authorizations, as set out in 15 CFR
748.15(a)(2). Additionally, just as the
interagency reviews license
applications, the authorizations granted
under the VEU program involve
interagency deliberation and result from
review of public and non-public
sources, including licensing data, and
the measurement of such information
against the VEU authorization criteria.
Given the nature of the review, and in
light of the parallels between the VEU
application review process and the
review of license applications, public
comment on this authorization and
subsequent amendments prior to
publication is unnecessary. Moreover,
because, as noted above, the criteria and
process for authorizing and
administering VEUs were developed
with public comments, allowing
additional public comment on this
amendment to individual VEU
authorizations, which was determined
according to those criteria, is
unnecessary.
Section 553(d) of the APA generally
provides that rules may not take effect
earlier than thirty (30) days after they
are published in the Federal Register.
BIS finds good cause to waive the 30day delay in effectiveness under 5
U.S.C. 553(d)(3) because the delay
would be contrary to the public interest.
BIS is simply amending the
authorization of an existing VEU by
adding two ECCNs to the list of eligible
items that may be sent to that VEU,
consistent with established objectives
and parameters administered and
enforced by the responsible designated
departmental representatives to the EndUser Review Committee. Delaying this
action’s effectiveness could cause
confusion regarding which items are
authorized by the U.S. Government and
in turn stifle the purpose of the VEU
Program. Accordingly, it is contrary to
the public interest to delay this rule’s
effectiveness.
No other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required under the APA or by any other
law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable. As a result,
no final regulatory flexibility analysis is
required and none has been prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 748 of the EAR (15
CFR parts 730–774) is amended as
follows:
PART 748—[AMENDED]
1. The authority citation for 15 CFR
part 748 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 7, 2014, 79 FR 46959 (August 11,
2014).
2. Amend Supplement No. 7 to Part
748 by revising the entry for ‘‘Samsung
China Semiconductor Co. Ltd.’’ in
‘‘China (People’s Republic of)’’ to read
as follows:
■
SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END–USER (VEU): LIST OF VALIDATED END–USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS
Country
Validated
end-user
Eligible items
(by ECCN)
Eligible destination
Federal Register citation
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
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*
*
VerDate Sep<11>2014
*
Samsung China
Semi conductor Co. Ltd.
*
17:52 Mar 04, 2015
*
*
*
1C350.c.3, 1C350.d.7, 2B006.a, Samsung China Semiconductor
2B006.b.1.d, 2B230, 2B350.d.2,
Co. Ltd. No. 1999, North Xiaohe
2B350.g.3, 2B350.i.3, 3A233,
Road Xi’an, China 710119.
3B001.a.1, 3B001.b, 3B001.c,
3B001.e,
3B001.f,
3B001.h,
3C002, 3C004, 3D002, and
3E001 (limited to ‘‘technology’’
for items classified under 3C002
and 3C004 and ‘‘technology’’ for
use consistent with the International Technology Roadmap
for Semiconductors process for
items classified under ECCNs
3B001 and 3B002).
*
*
*
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*
78 FR 41291, 7/10/13. 78 FR
69535, 11/20/13. 79 FR 30713,
5/29/14. 80 FR [INSERT PAGE
NUMBER], March 5, 2015.
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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations
Dated: February 27, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–05085 Filed 3–4–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 895
Banned Devices
CFR Correction
In Title 21 of the Code of Federal
Regulations, Parts 800 to 1299, revised
as of April 1, 2014, on page 594, in
§ 895.21, remove the undesignated
paragraph following paragraph (d)(8).
[FR Doc. 2015–05028 Filed 3–4–15; 08:45 am]
BILLING CODE 1505–01D
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1980
[Docket Number: OSHA–2011–0126]
RIN 1218–AC53
Procedures for the Handling of
Retaliation Complaints Under Section
806 of the Sarbanes-Oxley Act of 2002,
as Amended
Occupational Safety and Health
Administration, Labor.
ACTION: Final rule.
AGENCY:
This document provides the
final text of regulations governing
employee protection (retaliation or
whistleblower) claims under section 806
of the Corporate and Criminal Fraud
Accountability Act of 2002, Title VIII of
the Sarbanes-Oxley Act of 2002
(Sarbanes-Oxley or Act), which was
amended by sections 922 and 929A of
the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 (DoddFrank), enacted on July 21, 2010. An
interim final rule (IFR) governing these
provisions and request for comment was
published in the Federal Register on
November 3, 2011. Five comments were
received. This rule responds to those
comments and establishes the final
procedures and time frames for the
handling of retaliation complaints under
Sarbanes-Oxley, including procedures
and time frames for employee
complaints to the Occupational Safety
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SUMMARY:
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18:48 Mar 04, 2015
Jkt 235001
and Health Administration (OSHA),
investigations by OSHA, appeals of
OSHA determinations to an
administrative law judge (ALJ) for a
hearing de novo, hearings by ALJs,
review of ALJ decisions by the
Administrative Review Board (ARB)
(acting on behalf of the Secretary of
Labor), and judicial review of the
Secretary of Labor’s final decision. It
also sets forth the Secretary of Labor’s
interpretations of the Sarbanes-Oxley
whistleblower provision on certain
matters.
DATES: This final rule is effective on
March 5, 2015.
FOR FURTHER INFORMATION CONTACT:
Brian Broecker, Directorate of
Whistleblower Protection Programs,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–4624, 200 Constitution
Avenue NW., Washington, DC 20210;
telephone (202) 693–2199; email:
OSHA.DWPP@dol.gov. This is not a tollfree number. This Federal Register
publication is available in alternative
formats. The alternative formats
available are large print, electronic file
on computer disk (Word Perfect, ASCII,
Mates with Duxbury Braille System) and
audiotape.
SUPPLEMENTARY INFORMATION:
I. Background
Sarbanes-Oxley was first enacted on
July 30, 2002. Title VIII is designated as
the Corporate and Criminal Fraud
Accountability Act of 2002. Section 806,
codified at 18 U.S.C. 1514A, is the
‘‘whistleblower provision,’’ which
provides protection to employees
against retaliation by certain persons
covered under the Act for engaging in
specified protected activity. The Act
generally was designed to protect
investors by ensuring corporate
responsibility, enhancing public
disclosure, and improving the quality
and transparency of financial reporting
and auditing. The whistleblower
provision is intended to protect
employees who report fraudulent
activity and violations of Securities
Exchange Commission (SEC) rules and
regulations that can harm innocent
investors in publicly traded companies.
Dodd-Frank amended the SarbanesOxley whistleblower provision, 18
U.S.C. 1514A. The regulatory revisions
described herein reflect these statutory
amendments and also seek to clarify and
improve OSHA’s procedures for
handling Sarbanes-Oxley whistleblower
claims, as well as to set forth OSHA’s
interpretations of the Act. To the extent
possible within the bounds of
applicable statutory language, these
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11865
revised regulations are designed to be
consistent with the procedures applied
to claims under other whistleblower
statutes administered by OSHA,
including the Surface Transportation
Assistance Act of 1982 (STAA), 29 CFR
part 1978; the National Transit Systems
Security Act (NTSSA) and the Federal
Railroad Safety Act (FRSA), 29 CFR part
1982; the Consumer Product Safety
Improvement Act of 2008 (CPSIA), 29
CFR part 1983; the Employee Protection
Provisions of Six Environmental
Statutes and Section 211 of the Energy
Reorganization Act of 1974, as
amended, 29 CFR part 24; the
Affordable Care Act (ACA), 29 CFR part
1984; the Consumer Financial
Protection Act (CFPA), 29 CFR part
1985; the Seaman’s Protection Act
(SPA), 29 CFR part 1986; and the FDA
Food Safety Modernization Act (FSMA),
29 CFR part 1987.
II. Summary of Statutory Procedures
and Statutory Changes to the SarbanesOxley Whistleblower Provision
Sarbanes-Oxley’s whistleblower
provision, as amended by Dodd-Frank,
includes procedures that allow a
covered employee to file a complaint
with the Secretary of Labor (Secretary) 1
not later than 180 days after the alleged
retaliation or after the employee learns
of the alleged retaliation. SarbanesOxley further provides that the rules
and procedures set forth in the Wendell
H. Ford Aviation Investment and
Reform Act for the 21st Century
(AIR21), 49 U.S.C. 42121(b), govern in
Sarbanes-Oxley actions. 18 U.S.C.
1514A(b)(2)(A). Accordingly, upon
receipt of the complaint, the Secretary
must provide written notice to the
person or persons named in the
complaint alleged to have violated the
Act (respondent) of the filing of the
complaint, the allegations contained in
the complaint, the substance of the
evidence supporting the complaint, and
the rights afforded the respondent
throughout the investigation. The
Secretary must then, within 60 days of
receipt of the complaint, afford the
respondent an opportunity to submit a
1 The regulatory provisions in this part have been
written and organized to be consistent with other
whistleblower regulations promulgated by OSHA to
the extent possible within the bounds of the
statutory language of Sarbanes-Oxley.
Responsibility for receiving and investigating
complaints under Sarbanes-Oxley has been
delegated to the Assistant Secretary for
Occupational Safety and Health. Secretary of
Labor’s Order No. 01–2012 (Jan. 18, 2012), 77 FR
3912 (Jan. 25, 2012). Hearings on determinations by
the Assistant Secretary are conducted by the Office
of Administrative Law Judges, and appeals from
decisions by administrative law judges are decided
by the ARB. Secretary of Labor’s Order 2–2012 (Oct.
19, 2012), 77 FR 69378 (Nov. 16, 2012).
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]]>Agencies
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Rules and Regulations]
[Pages 11863-11865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05085]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 150206120-5120-01]
RIN 0694-AG50
Amendments to Existing Validated End-User Authorization in the
People's Republic of China: Samsung China Semiconductor Co. Ltd.
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
authorization for Validated End User Samsung China Semiconductor Co.
Ltd. (Samsung China) in the People's Republic of China (PRC).
Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add
two items to Samsung China's eligible items that may be exported,
reexported or transferred (in country) to the company's eligible
facilities (also known as ``eligible destinations'') in the PRC.
DATES: This rule is effective March 5, 2015.
FOR FURTHER INFORMATION CONTACT: Mi-Yong Kim, Chair, End-User Review
Committee, Office of the Assistant Secretary, Export Administration,
Bureau of Industry and Security, U.S. Department of Commerce, Phone:
202-482-5991; Fax: 202-482-3911; Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
Validated End-Users (VEUs) are designated entities located in
eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) under a general authorization
instead of a license. The names of the VEUs, as well as the dates they
were so designated, and their respective eligible destinations and
items are identified in Supplement No. 7 to Part 748 of the EAR. Under
the terms described in that supplement, VEUs may obtain eligible items
without an export license from BIS, in conformity with Section 748.15
of the EAR. Eligible items vary between VEUs and may include
commodities, software, and technology, except those controlled for
missile technology or crime control reasons on the Commerce Control
List (CCL) (part 774 of the EAR).
VEUs are reviewed and approved by the U.S. Government in accordance
with the provisions of Section 748.15 and Supplement Nos. 8 and 9 to
Part 748 of the EAR. The End-User Review Committee (ERC), composed of
representatives from the Departments of State, Defense, Energy, and
Commerce, and other agencies, as appropriate, is responsible for
administering the VEU program. BIS amended the EAR in a final rule
published on June 19, 2007 (72 FR 33646) to create Authorization VEU.
Amendment to Existing VEU Authorization for Samsung China Semiconductor
Co. Ltd (Samsung China) in the People's Republic of China (PRC)
Revision to the List of ``Eligible Items (by ECCN)'' for Samsung China
In this final rule, BIS amends Supplement No. 7 to Part 748 to add
two Export Control Classification Numbers (ECCNs), 2B006.a and
2B006.b.1.d, to the list of items that may be exported, reexported or
transferred (in-country) to Samsung China's facility in the PRC under
Authorization VEU. The revised list of eligible items for Samsung China
is as follows:
Eligible Items (by ECCN) That May Be Exported, Reexported or
Transferred (In-Country) to the Eligible Destination Identified Under
Samsung China Semiconductor Co. Ltd.'s Validated End-User Authorization
1C350.c.3, 1C350.d.7, 2B006.a, 2B006.b.1.d, 2B230, 2B350.d.2,
2B350.g.3, 2B350.i.3, 3A233, 3B001.a.1, 3B001.b, 3B001.c, 3B001.e,
3B001.f, 3B001.h, 3C002, 3C004, 3D002, and 3E001 (limited to
``technology'' for items classified under 3C002 and 3C004 and
``technology'' for use consistent with the International Technology
Roadmap for Semiconductors process for items classified under ECCNs
3B001 and 3B002).
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001, 3 CFR 2001 Comp., p. 783 (2002), as
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March
13, 2013), and as extended by the Notice of August 7, 2014, 79 FR 46959
(August 11, 2014) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
BIS continues to carry out the provisions of the Export Administration
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222, as amended by Executive Order 13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
2. This rule involves collections previously approved by the Office
of Management and Budget (OMB) under Control Number 0694-0088, ``Multi-
Purpose Application,'' which carries a burden hour estimate of 43.8
minutes to prepare and submit form BIS-748; and for recordkeeping,
reporting and review requirements in connection with Authorization VEU,
which carries an estimated burden of 30 minutes per submission. This
rule is expected to result in a decrease in license applications
submitted to BIS. Total burden hours associated with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control
Number 0694-0088 are not expected to increase significantly as a result
of this rule. Notwithstanding any other provisions of law, no person is
required to respond to, nor be subject to a penalty for failure to
comply with a
[[Page 11864]]
collection of information subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
Control Number.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive requirements that this rule be
subject to notice and the opportunity for public comment because they
are unnecessary. In determining whether to grant VEU designations, a
committee of U.S. Government agencies evaluates information about and
commitments made by candidate companies, the nature and terms of which
are set forth in 15 CFR part 748, Supplement No. 8. The criteria for
evaluation by the committee are set forth in 15 CFR 748.15(a)(2). The
information, commitments, and criteria for this extensive review were
all established through the notice of proposed rulemaking and public
comment process (71 FR 38313 (July 6, 2006) (proposed rule), and 72 FR
33646 (June 19, 2007) (final rule)). Given the similarities between the
authorizations provided under the VEU program and export licenses (as
discussed further below), the publication of this information does not
establish new policy. Publication of this rule in other than final form
is unnecessary because the authorizations granted in the rule are
consistent with the authorizations granted to exporters for individual
licenses (and amendments or revisions thereof), which do not undergo
public review. In addition, as with license applications, VEU
authorization applications contain confidential business information,
which is necessary for the extensive review conducted by the U.S.
Government in assessing such applications. This information is
extensively reviewed according to the criteria for VEU authorizations,
as set out in 15 CFR 748.15(a)(2). Additionally, just as the
interagency reviews license applications, the authorizations granted
under the VEU program involve interagency deliberation and result from
review of public and non-public sources, including licensing data, and
the measurement of such information against the VEU authorization
criteria. Given the nature of the review, and in light of the parallels
between the VEU application review process and the review of license
applications, public comment on this authorization and subsequent
amendments prior to publication is unnecessary. Moreover, because, as
noted above, the criteria and process for authorizing and administering
VEUs were developed with public comments, allowing additional public
comment on this amendment to individual VEU authorizations, which was
determined according to those criteria, is unnecessary.
Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the 30- day delay
in effectiveness under 5 U.S.C. 553(d)(3) because the delay would be
contrary to the public interest. BIS is simply amending the
authorization of an existing VEU by adding two ECCNs to the list of
eligible items that may be sent to that VEU, consistent with
established objectives and parameters administered and enforced by the
responsible designated departmental representatives to the End-User
Review Committee. Delaying this action's effectiveness could cause
confusion regarding which items are authorized by the U.S. Government
and in turn stifle the purpose of the VEU Program. Accordingly, it is
contrary to the public interest to delay this rule's effectiveness.
No other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required under the APA or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. As a result, no final regulatory flexibility
analysis is required and none has been prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended
as follows:
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR
46959 (August 11, 2014).
0
2. Amend Supplement No. 7 to Part 748 by revising the entry for
``Samsung China Semiconductor Co. Ltd.'' in ``China (People's Republic
of)'' to read as follows:
Supplement No. 7 to Part 748--Authorization Validated End-User (VEU): List of Validated End-Users, Respective
Items Eligible for Export, Reexport and Transfer, and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
Validated end- Eligible items (by Federal Register
Country user ECCN) Eligible destination citation
----------------------------------------------------------------------------------------------------------------
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
to Sec. 748.15(c).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Samsung China 1C350.c.3, Samsung China 78 FR 41291, 7/10/
Semi conductor 1C350.d.7, 2B006.a, Semiconductor Co. 13. 78 FR 69535, 11/
Co. Ltd. 2B006.b.1.d, 2B230, Ltd. No. 1999, 20/13. 79 FR 30713,
2B350.d.2, North Xiaohe Road 5/29/14. 80 FR
2B350.g.3, Xi'an, China 710119. [INSERT PAGE
2B350.i.3, 3A233, NUMBER], March 5,
3B001.a.1, 3B001.b, 2015.
3B001.c, 3B001.e,
3B001.f, 3B001.h,
3C002, 3C004,
3D002, and 3E001
(limited to
``technology'' for
items classified
under 3C002 and
3C004 and
``technology'' for
use consistent with
the International
Technology Roadmap
for Semiconductors
process for items
classified under
ECCNs 3B001 and
3B002).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 11865]]
Dated: February 27, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-05085 Filed 3-4-15; 8:45 am]
BILLING CODE 3510-33-P
